CHENNAI: Our association’s new AGM has made a new rule charging different maintenance rates for resident owners/tenants as families/bachelors-singles. Is it legal to charge 10 per cent extra from families and 16 per cent from bachelors?
— Govindarajan
Normally, in the resident association meetings tenants have no voting rights and most probably the absentee land owners will never attend these meetings and always agree with the decision of the resident owners who, over the period, become a minority group, but nevertheless dictate terms to others because of their ownership of the property. As it is, the tenants will have to pay as per the decision of the association, failing which they will have to have some agreed term with their land owners in sharing the maintenance cost.
I purchased a piece of land in Chennai in 1995 from a woman, who had purchased it from another person. I have patta and sale deed reflecting the land in my name. The land was initially held by a man in 1914 and as per a will he had assigned this property to his wife, who subsequently sold the land post her husband’s death. My purchase is the third sale post the initial sale. The current intended buyer is asking us to provide a copy of the will which was done in 1914. This said document was not taken by me at the time of purchase of this property. When the patta, sale deed and all other documents are showing my name, is it still necessary to provide an old will document dated more than 100 years ago to prove the validity of the land ownership? What should be our response to the buyer on this requirement which he is seeking?
— Anitha
You cannot convince the intending buyer about the futility in seeing the original will which gave rise to the succession of the property. Get a buyer who is satisfied with the existing documents which are more than enough. All that the intending buyer must do is apply for an encumbrance certificate for 12 years and see whether the property was subjected to any burden.
One of the joint owners of a property, who was residing at the premises, left the place without informing or handing over the key to the other two owners. The majority joint owners — who are not interested in partition of the property and are also not willing to take any harsh stance to obtain immediate access to the premises — have been asking for access to the premise but have not been successful. The two deserted owners feel that the acquisition, access and free enjoyment of the property is a fundamental right of every citizen, guaranteed by the Constitution. What legal remedy should be taken for obtaining free access to the property, which will also condemn such action of the third joint owner and award suitable punishment?
— Indira
Either the majority owners break open the lock and enter the premises asserting their rights or take legal action — these are the only two methods available. In the first choice, they may have to face police complaint and if there were some movable properties inside the premises, they may even give a complaint of theft which they will have to face. Otherwise, they will have to seek for a partition of the property and ask for their share which is a long drawn-out
process in law.
My father passed away in December 2018. He has willed his residential property to me and my mother. The other legal heirs are my sisters. They have given a NOC in a stamp paper saying that they will abide by the terms of the will. Now, I applied for patta transfer from my father’s name to my mother’s name and my name (as joint owners). The surveyor in Tiruchy who went through the documents said she will not transfer unless the will is registered. She says she will transfer the patta to all the legal heirs which was not my father’s intent. My father’s will was typed out by him, signed by him and countersigned by two witnesses, but is not registered. Is the surveyor’s insistence on registered will right? If not, what are the legal remedies available to us?
— KV Natarajan, Chennai
Only in the city of Chennai, the legal requirement of making a probate out of the will through courts is needed. You can file a petition for letters of administration of the property before a civil court. The opinion of the surveyor is not correct and you can complain to his higher officials.
Justice K Chandru is a former judge of the Madras High Court
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